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CITY COUNCIL AGENDA ITEM NO. 8


Meeting Date: June 12, 2001

Subject/Title: Approve a resolution consenting to the payment of a portion of the cost of replacing a sewer pipe located on Assessors Parcel Number 016-010-016 (commonly known as Davis Camp) by the Redevelopment Agency of the City of Brentwood.

Submitted by: Pamela Ehler, Director of Finance and Information Systems

Approved by: Jon Elam, City Manager


RECOMMENDATION
Approve a resolution consenting to the payment of a portion of the cost of replacing a sewer pipe by the Redevelopment Agency of the City of Brentwood.

PREVIOUS ACTION
On April 24, 2001 Council accepted a notice of declaration that the sewage collection system for Assessors Parcel Number 016-010-016 (commonly known as Davis Camp) was an eminent threat to public health and accepted a notice of intent to remediate with the City and effected property owner sharing expenses.

BACKGROUND
The Redevelopment Plan for the North Brentwood Redevelopment Project (the “Project”) was adopted by the City Council of the City of Brentwood (“City Council”) by Ordinance No. 496 on July 9, 1991, as amended, and is being carried out by the Redevelopment Agency of the City of Brentwood (“Agency”). 

Certain real property located within the Project and described as APN 016-010-016 (referred to herein as the “Davis Camp Property”) includes 17 residential units. Sewer service to the Davis Camp Property is provided by a substandard, privately owned and maintained house sewer system and is conveyed to the City maintained main sewer collection system via a privately owned bridge across Marsh Creek.

On February 2, 2001, a break in the pipe crossing Marsh Creek resulted in a discharge of untreated sewage into Marsh Creek, which was repaired on an emergency basis by City crews. Subsequent to the repair, the City was contacted by the State of California Regional Water Quality Control Board and put on notice that even though the leak into Marsh Creek resulted from the failure of a private system, the City would be liable for penalties associated with any future discharge of untreated sewage into Marsh Creek, which penalties could be as much as $10,000 per day. The cost of replacing the sewer pipe is estimated to be approximately $50,000. City staff has contacted the owner of the Davis Camp Property and offered to immediately proceed with replacement of the sewer pipe and assume responsibility for 50% of the cost. 

Pursuant to Section 33445 of the Health and Safety Code, the Agency is authorized with the consent of the City Council and upon making certain findings, to pay all or part of the value of the land and the cost of installation and construction of any building, facility, structure or other improvement which is publicly owned, either within or without the Project.

The Agency proposes to pay a portion of the cost of replacing the sewer pipe up to a maximum of TWENTY-FIVE THOUSAND DOLLARS ($25,000).


RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD CONSENTING TO THE PAYMENT OF A PORTION OF THE COST OF REPLACING A SEWER PIPE BY THE REDEVELOPMENT AGENCY OF THE CITY OF BRENTWOOD.


WHEREAS, the Redevelopment Plan for the North Brentwood Redevelopment Project (the “Project”) was adopted by the City Council of the City of Brentwood (“City Council”) by Ordinance No. 496 on July 9, 1991, as amended, and is being carried out by the Redevelopment Agency of the City of Brentwood (“Agency”); and 

WHEREAS, certain real property located within the Project and described as APN 016-010-016 (referred to herein as the “Davis Camp Property”) includes 17 residential units; and 

WHEREAS, sewer service to the Davis Camp Property is provided by a substandard, privately owned and maintained house sewer system and is conveyed to the City maintained main sewer collection system via a privately owned bridge across Marsh Creek; and

WHEREAS, on February 2, 2001, a break in the pipe crossing Marsh Creek resulted in a discharge of untreated sewage into Marsh Creek, which was repaired on an emergency basis by City crews; and 

WHEREAS, subsequent to the repair, the City was contacted by the State of California Regional Water Quality Control Board and put on notice that even though the leak into Marsh Creek resulted from the failure of a private system, the City would be liable for penalties associated with any future discharge of untreated sewage into Marsh Creek, which penalties could be as much as $10,000 per day; and

WHEREAS, The cost of replacing the sewer pipe is estimated to be approximately $50,000; and

WHEREAS, City staff has contacted the owner of the Davis Camp Property and offered to immediately proceed with replacement of the sewer pipe and assume responsibility for 50% of the cost; and

WHEREAS, Pursuant to Section 33445 of the Health and Safety Code, the Agency is authorized with the consent of the City Council and upon making certain findings, to pay all or part of the value of the land for and the cost of installation and construction of any building, facility, structure or other improvement which is publicly owned, either within or without the Project; and

WHEREAS, the Agency proposes to pay a portion of the cost of replacing the sewer pipe up to a maximum of TWENTY-FIVE THOUSAND DOLLARS ($25,000).

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood as follows:

1. The payment of a portion of the cost of replacing the sewer pipe connecting the Davis Camp Property with the City collection system will benefit the Project.

2. No other reasonable means of financing the replacement of the sewer pipe are available to the community.

3. The expenditure of funds by the Agency for replacement of the sewer pipe will assist in the elimination of one or more blighting conditions in the Project and is consistent with the Agency’s implementation plan adopted pursuant to Health and Safety Code Section 33490.

4. The City Council hereby consents to the expenditure of not to exceed TWENTY-FIVE THOUSAND DOLLARS ($25,000) by the agency for the replacement of the sewer pipe.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held June 12, 2001 by the following vote:

AYES: 
NOES: 
ABSENT: 


______________________________________
Michael A. McPoland, Sr.
Mayor

ATTEST:

____________________________________
Karen Diaz, CMC
City Clerk

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